Understand your responsibilities around parental rights

Time Off for Ante-Natal or Pre-Adoption Appointments

• Pregnant employees are entitled to paid time off during working hours for ante-natal appointments. 
• Partners (spouse, civil partner, father, or intended parent via surrogacy) can attend up to 10 paid appointments - this includes any appointments in connection with the adoption of a child.
• Proof of pregnancy and appointment details may be required.

Parental Leave Entitlement 

• Employer to be advised no later than 15 weeks before the expected birth date (all dates to be given across the 2 years)
• Leave can start no earlier than 11 weeks before childbirth/adoption and lasts up to 2 years.
• 52 weeks total leave, with 6 weeks paid by the employer (minus any Social Security benefits.*) 
• Leave can be taken in up to 3 blocks, each at least 2 weeks long.
• Notification requirements vary for childbirth and adoption, with flexibility if not reasonably practicable.
• Parental Leave is not transferrable to another employer if an employee starts a new role after the baby has been born.

Paid Parental Leave

• Begins on the day of childbirth.
• 6 weeks’ pay at normal salary, minus any Social Security benefits.*
• An employer may not reclaim the 6 weeks statutory pay if an employee does not return to work at the end of the parental leave period.
• To calculate the rate of pay due to an employee on a zero-hour contract the employer should look at the average weekly earnings over a 12-week period.

*Please note if the employee receives no benefit from Social Security, then the employer must pay in full the normal salary.

Eligibility

• Applies to parents (birth, adoptive, surrogate), and partners with expected responsibility for the child.
• Covers the death of a child under 18 or stillbirth after 24 weeks.

Entitlement 

• 2 weeks' unpaid leave, taken within 56 weeks of the death.
• Can be taken in up to 3 separate periods.
• No notice required.
• Transferable between employers (unlike other parental leave rights).

Employment Terms

• Employees retain all benefits except pay.
• Employers must not require work during leave.
• Keeping In Touch (KIT) days are allowed but do not extend leave.

Return to Work 

• Employees must give 42 days’ notice if returning earlier than planned.
• Employers can postpone return to ensure 42 days’ notice but not beyond the leave period.
• Employees return with full rights and benefits as if they had not been absent.

Eligibility:

• Applies to employees who have: 
• Notified their employer in writing that they are pregnant,
• Given birth within the last 6 months,
• Are currently breastfeeding.

Entitlement:

Leave is granted when:

• A health and safety risk assessment shows the employee cannot safely perform her duties,
• The employer cannot reasonably adjust duties or the work environment.

Conditions: 

Leave is paid as per Schedule 1 of the legislation.

The employer may refuse leave if:

• No medical certificate is provided,
• The employee is no longer a new or expectant mother,
• The employee refuses suitable alternative work,
• The employment ends per contract terms.

Purpose:

To enable breastfeeding/expressing.

What can be requested:

Changes to: 

• Working hours,
• Work times,
• Work location.

Requirements:

• The employee must specify: 
• The purpose of the variation,
• The nature and duration of the requested change.

Note:

This does not affect the right to make any flexible working request. Neither does it give the right to bring the baby into the workplace.

Applies to:

Employees who continue breastfeeding after returning to work and notify their employer.

Employer's Responsibility:

Must take reasonable steps to provide suitable facilities, considering:

• Effectiveness,
• Practicality,
• Cost,
• Available resources.

Legal Consequences

Breach of these rights may lead to a Tribunal claim, with potential compensation of up to 8 weeks’ pay.